Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of criminal antecedents.
Summary
Rohit Kumar and Sahil Kumar sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging they possessed 13.82 litres of liquor recovered from a poultry farm and their house, which is a joint family property. The petitioners argued that they were not arrested on the spot, no liquor was found in their conscious possession, and the allegation was based on secret information without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioners' criminal antecedents. If more than two prior cases are found, the bail may be withdrawn; otherwise, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of conscious possession and the nature of the property (joint family) affect the grant of anticipatory bail.
- Whether the petitioners' criminal antecedents should influence the confirmation of bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- liquor possession
- criminal antecedent
- joint family property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23244 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
1. Rohit Kumar S/O Late Lalan Rai R/O Village- Rupas Kamarapar, P.S-
Athmalgola, Dist.- Patna.
2. Sahil Kumar @ Sohil Kumar S/O Late Lalan Rai R/O Village- Rupas
Kamarapar, P.S- Athmalgola, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Chandra
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of two cases and allegation is of
recovery of 13.82 litres of liquor from a poultry farm and house
of the petitioner. It is next submitted that petitioners were not
arrested from the spot as such nothing was recovered from their
conscious possession and the house in question is a joint family
property as such it cannot be alleged with certainty that it were
Patna High Court CR. MISC. No.23244 of 2026(2) dt.09-04-2026
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petitioners, who had kept the liquor in the house or the liquor
kept in the house was within their knowledge and no prudent
person would use their own business premises for committing
an occurrence and thus would create evidence against
themselves and hence would get implicated and at the same time
shall bring disrepute to their business and they came to be
implicated based on secret information which is the easiest way
to implicate someone without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Athmalgola P.S. Case No.442/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
Patna High Court CR. MISC. No.23244 of 2026(2) dt.09-04-2026
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and in the event if it is found that petitioners have antecedent of
more than two cases, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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